Enforcing Child Support in Texas

When a parent stops paying court-ordered child support, the family raising the child feels it right away. Texas has some of the strongest child support enforcement tools in the country, and they apply whether the paying parent lives in Seguin, elsewhere in Texas, or out of state. This article explains how enforcement works, your options for getting help, and what a parent facing enforcement should know.

Arrears and interest

Every missed or partial payment becomes arrears (past-due support). Texas law adds interest at 6% per year on child support arrears. Over several years, interest can add up to a large amount.

Child support arrears are not wiped out by time in the way many debts are. A parent can be pursued for unpaid support for years after the child becomes an adult, and child support generally can't be discharged in bankruptcy.

Enforcement tools

Income withholding

Most Texas support orders include an income withholding order, which requires the paying parent's employer to deduct support from each paycheck. When arrears exist, an additional amount can be withheld to pay them down. Withholding can also reach some other income sources, such as unemployment or workers' compensation benefits.

Liens

A child support lien can attach to the paying parent's property, including bank accounts, real estate, vehicles, and certain insurance settlements or lawsuit recoveries. Liens can block a sale or refinance until the debt is addressed.

License suspension

Texas can suspend or deny renewal of a parent's driver's license, professional or occupational license, and hunting and fishing licenses when support isn't paid.

Passport denial and tax refund intercept

Under federal rules, a parent who owes $2,500 or more in arrears can be denied a U.S. passport. Federal tax refunds can also be intercepted and applied to past-due support.

Credit reporting

Past-due support can be reported to credit bureaus.

Money judgment

The court can confirm the amount of arrears and enter a judgment, which can then be collected like other judgments.

Contempt of court

The most serious tool is a motion for enforcement asking the court to hold the parent in contempt. For each violation, a court can order up to six months in jail and a fine. Often the jail time is suspended or "probated" on the condition that the parent pays current support and an amount toward arrears. Courts can also order the parent to pay the other side's attorney's fees and court costs.

A motion for contempt must list each violation specifically: the date the payment was due, the amount due, and the amount paid. Careful records make enforcement much stronger.

Getting help: the OAG or a private attorney

You have two main paths.

Many parents start with the OAG's Child Support Division. You can learn more or apply for services at texasattorneygeneral.gov. Others prefer a private attorney, especially when the arrears are large, the other parent has hidden income or assets, or there are other issues like visitation that need attention at the same time.

Defenses and issues for the paying parent

If you're facing enforcement, take it seriously and get legal advice quickly. Some points that may matter:

• Payment records. Payments made through the State Disbursement Unit are recorded. Payments made directly to the other parent may be disputed, so proof such as receipts, bank records or canceled checks is important.
• Inability to pay. In a contempt case, a parent may raise the defense that they could not pay, did not have property they could sell or borrow against, tried unsuccessfully to borrow the money, and didn't know of any other source. This defense is narrow and must be proven by the parent who raises it. It doesn't erase the debt; it can protect against jail for contempt.
• The child lived with you. Texas law provides an affirmative defense if the receiving parent voluntarily gave you possession of the child for longer than the court-ordered periods and you provided actual support during that time. The details matter, and it may only cover part of the arrears.
• Errors in the calculation. Payment histories can be wrong. Check every entry.
• Right to a lawyer. If you could be jailed for contempt and can't afford a lawyer, you may ask the court to appoint one.

Things that are not defenses: being denied visitation, the other parent spending the money on things you don't approve of, or an informal agreement to stop paying. In Texas, child support and visitation are independent. If you're being denied time with your child, the answer is to enforce the possession order, not stop paying.

If your income has changed

If you can't pay because your income has dropped, file a petition to modify child support right away. A modification usually only reduces support going forward, so delay costs money.

Steps if you're owed support

1. Get a payment history from the OAG child support website or your records.
2. Gather your court order and any modifications.
3. Write down what you know about the other parent's job, address and assets.
4. Decide whether to work with the OAG, hire a private attorney, or both.
5. Keep records of all child-related expenses you're covering alone.

For background on how amounts are set, see how child support works in Texas. Attorney Jesus R. Lopez represents parents on both sides of enforcement cases in the Guadalupe County courts and surrounding areas. Learn more on our modification and enforcement lawyer page or our child support lawyer page.

Frequently asked questions

Have questions about your situation? Talk with a Seguin child support lawyer. Consultations are free, by phone or in person, in English or Spanish.

Related guides

This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.